Legal Advice for Commercial Property Agreements

At Mounteney Solicitors, we provide expert legal support for clients who are entering into commercial property agreements and need reliable, accurate documentation prepared. Whether you are granting a lease, preparing a licence to occupy, formalising an option agreement or documenting a complex multi-stage transaction, we will draft the legal agreements to reflect the commercial terms you’ve already agreed.

This service is focused on drafting contracts based on your instructions. It does not include us negotiating the terms of the deal on your behalf. Instead, we ensure that once terms are agreed—whether informally or through heads of terms—they are properly captured in a legally enforceable contract that works as intended.

In commercial property, even small misunderstandings or omissions in the legal paperwork can lead to costly consequences. Our role is to give you peace of mind that the documents are correct, compliant, and protect your interests.

We regularly assist landlords, tenants, developers, investors and business owners across the North West and beyond. With offices in Heald Green, Bramhall and Cheadle, we offer a responsive and cost-effective service for everything from simple lease arrangements to multi-faceted development agreements.

To ensure we provide you with the best possible service right from the start, our initial onboarding process involves clearly defining the scope of our work together and establishing our agreement. This includes outlining the deliverables and confirming the investment (our standard terms are provided below). We also take care of setting up your dedicated client record and generating your initial invoice, as we require prepayment for new clients.

Once these essential steps are complete, we can typically schedule the production of your agreement within a few hours, depending on our current workflow. We aim to begin working with new clients within approximately one working week.

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Commercial property agreements are the legal documents that govern how land or buildings are used, transferred, developed or occupied. They set out the rights, obligations, and risks of each party involved. Common types of agreements include:

• Leases: Long-term arrangements for occupying property, setting out rent, responsibilities, and renewal terms.
• Licences to Occupy: Shorter-term or more flexible arrangements, often used for shared spaces or temporary use.
• Agreements for Lease: Contracts that commit parties to enter into a lease at a future date, usually after conditions like planning consent or building works are satisfied.
• Options and Pre-emption Agreements: Giving a party the right to buy or sell property under set terms, often used in development or joint venture scenarios.
• Development Agreements: Structuring land assembly, planning obligations, construction phases and profit-sharing arrangements.
• Deeds of Easement or Covenants: Governing access rights, services, or restrictions on use.
• Sale and Leaseback Agreements: Enabling a business to release capital by selling its property while remaining in occupation.

Each of these carries different implications, not just legally, but commercially. That’s why it’s so important to seek legal advice at an early stage—ideally before heads of terms are signed.

Our Commercial Property Team has wide-ranging experience across the full spectrum of property-related agreements. Whether you’re a landlord, tenant, developer, investor or landowner, we can help you understand your rights and obligations, avoid common pitfalls, and negotiate terms that work for you.

• Commercial leases (landlord or tenant side)
• Licence to occupy
• Agreement for lease
• Sale and leaseback arrangements
• Option and pre-emption agreements
• Development and promotion agreements
• Joint venture arrangements
• Deeds of easement and restrictive covenants
• Assignments and subletting
• Rent deposit deeds and guarantor agreements

At Mounteney Solicitors, we don’t believe in one-size-fits-all documents. Every agreement we work on is tailored to your specific transaction, commercial objectives, and risk appetite. Our team has extensive experience in both landlord and tenant work, as well as acting for developers, joint ventures and private investors.

If you are preparing to issue an agreement—such as granting a lease—we’ll ensure that your position is robustly protected while remaining commercially workable. If you’ve been presented with a contract to sign, we will review its terms thoroughly, explain what each clause means in practical terms, and negotiate amendments where needed.

We’ll look beyond the immediate transaction to consider longer-term implications—whether around termination rights, break clauses, rent review mechanisms, service charges, or restrictions on future use. Our goal is not only to protect you legally, but to ensure that your agreement truly supports your plans and minimises risk.

Many commercial property transactions involve more than just signing a single contract. In practice, it’s often not possible to go straight from agreeing terms to completing the deal. This is especially true where the arrangement includes multiple elements, such as:

• The sale of a company alongside the lease of its property
• Conditional agreements dependent on planning permission, funding or board approval
• Deals involving the payment of another party’s costs
• Transactions where key details are still to be worked out, even after the structure is agreed

In these cases, a more general or preliminary agreement may be needed before the main property documentation can be finalised. This kind of contract sets out how the parties will proceed towards the final transaction, including timelines, conditions, and responsibilities.

At Mounteney Solicitors, we assist by drafting the necessary contracts in accordance with the terms provided to us. It’s important to note that this service is limited to drafting—we do not act in the negotiation of those terms, but rather ensure they are legally sound and correctly reflected in the final documentation.

Where multiple stages or transaction types need to be coordinated—such as commercial lease agreements following a company sale, or the triggering of options based on future events—we ensure that all legal documents work together as a coherent and enforceable structure.

This level of complexity is why early legal advice is essential, particularly before signing any heads of terms or making binding commitments. Even when all parties are commercially aligned, a poorly structured deal can unravel if not underpinned by the right legal framework.

With offices in Heald Green, Bramhall and Cheadle, our team is trusted by local businesses, property professionals, and national investors alike. We understand the local commercial property landscape across Cheshire and South Manchester.

As a full-service firm, we also offer access to expertise in commercial disputes, planning law, construction, and corporate transactions. This means we can provide well-rounded support, whatever the nature of your agreement.

If you’re preparing to sign a commercial property agreement—or need expert advice on one you’ve received—speak to the Commercial Property Team at Mounteney Solicitors today. We’ll guide you through every step, explain your options clearly, and ensure that your agreement works for you now and in the future. With local offices in Heald Green, Bramhall and Cheadle, we’re easy to reach and ready to help.

When should I take legal advice on a commercial property agreement?

Ideally, you should speak to a solicitor before any agreement is signed—even at the heads of terms stage. Early advice helps ensure your objectives are properly captured and your legal position protected from the outset. We can also help you understand what terms are typical or negotiable in your particular transaction.

What’s the difference between a lease and a licence?
A lease gives the tenant exclusive possession of the property for a set period, along with legal rights that are protected by law. A licence, on the other hand, simply allows someone to occupy space without granting legal interest in the property. Licences are usually shorter term and more flexible, but they offer less security to the occupier.

Can I negotiate the terms of a lease or agreement?
Absolutely. Most commercial agreements are negotiable, particularly when it comes to rent, repair obligations, length of term, break clauses, and renewal rights. We will help you identify key risks, propose amendments, and engage with the other party to agree a fair and workable outcome.

What are ‘heads of terms’ and are they legally binding?
Heads of terms are the preliminary agreement setting out the key commercial terms of a deal before the full legal contract is drafted. While not usually legally binding, they often influence how the final contract is negotiated. It’s important to ensure they accurately reflect your intentions and don’t create unintended obligations.

What if there’s a dispute after the agreement is signed?
We can assist with resolving commercial property disputes, whether through negotiation, mediation, or court proceedings. Where possible, we’ll try to help you resolve matters quickly and cost-effectively, and can advise you on enforcing your rights under the contract or responding to a claim.